Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88445722 LIBAY(Standard Characters, see http://uspto.report/TM/88445722/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Puzzle games; Puzzles; Puzzles; Cube-type puzzles; Manipulative puzzles
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/31/2019 and first used in commerce at least as early as 03/31/2019 , and is now in use in such commerce.

Proposed: Class 028 for Puzzle games; Puzzles; Puzzles; Cube-type puzzles; Manipulative puzzles
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/31/2019 and first used in commerce at least as early as 03/31/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028 . The specimen(s) submitted consists of screenshots of sales pages and digitally photographed products showing the use of the mark in respect of the goods listed in this class. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
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Specimen File1
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SPU0-16863137229-20200103035354227383_._PO-Libay1.pdf
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Specimen File1
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SPU0-16863137229-20200103035354227383_._PO-Libay2.pdf
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SPU0-16863137229-20200103035354227383_._PO-Libay3.pdf
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SPU0-16863137229-20200103035354227383_._PO-Libay4.pdf
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SPU0-16863137229-20200103035354227383_._PO-Libay5.pdf
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SPU0-16863137229-20200103035354227383_._PO-Libay6.pdf
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SPU0-16863137229-20200103035354227383_._PO-Libay7.pdf
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SPU0-16863137229-20200103035354227383_._PO-Libay8.pdf
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SPU0-16863137229-20200103035354227383_._PO-Libay9.pdf
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SPU0-16863137229-20200103035354227383_._PO-Libay10.pdf
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The applicant hereby appoints Jonathan G. Morton. Jonathan G. Morton, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Room 1809-1812, Yinglong Building,
      No. 6025 Shennan Ave, Futian District,
      Shenzhen,, 518040
      China
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is SZTM0264.

The phone number is +1-305-764-9179.

The email address is jmlawchina@gmail.com

Jonathan G. Morton submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: YI TAO SUN. YI TAO SUN of HEZONG JOINT, is located at

      QITANGYINGSHAN BLDG. 5, ROOM 1801,
      XIANGMI LAKE BANSHAN DIST.
      FUTIAN SHENZHEN, 51800
      CN

The email address is sophietrademarks@gmail.com; 275001866@qq.com; yanling@jiangip.com

The applicants proposed correspondence information: Jonathan G. Morton. Jonathan G. Morton, is located at

      Room 1809-1812, Yinglong Building,
      No. 6025 Shennan Ave, Futian District,
      Shenzhen,, 518040
      China
The docket/reference number is SZTM0264.

The phone number is +1-305-764-9179.

The email address is jmlawchina@gmail.com; zhangariel69@gmail.com; jemyf@hotmail.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The following is a question-wise and request-wise response to the "Additional information/documentation required": 1. The specimens show use of the trademark in respect of all listed goods in the application; 2. The specimens consists of applicant's pictures of products bearing the trademark for retail sales online and screen shots of online purchase orders 3. Online retailer's name "Libay"; URL- http://www.amazon.com/sp?asin=&ie=UTF8&isAmazonFulfilled=&isCBA=&language=en_US&marketplaceID=ATVPDKIKX0DER&orderID=&seller=A2CEWFWKVCCVDC&tab=&vasStoreID= ; please refer to the attached for a digital copy of the webpages and URLs listed below showing the goods for sale on the named website. http://www.amazon.com/dp/B0834ZP5F8?ref=myi_title_dp http://www.amazon.com/dp/B0834ZL3LT?ref=myi_title_dp http://www.amazon.com/dp/B0834ZQ5CP?ref=myi_title_dp 4. The information in question (5) is available. 5. The goods bearing the mark were first available for purchase within the United States earlier than March 12, 2019; the first sale of the goods to or within the United States happened on March 12, 2019; the goods are still for sale to or within the United States in that environment 6. Please refer to the attached for the which shows the purchase orders of applicant's products bearing the trademark.

JPG file(s):
Miscellaneous File1
Original PDF file:
mis-47569550-20200103035354227383_._PO-Libay4.pdf
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Miscellaneous File1
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mis-47569550-20200103035354227383_._PO-Libay6.pdf
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mis-47569550-20200103035354227383_._PO-Libay10.pdf
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SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Jonathan G. Morton/      Date: 01/09/2020
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of Record - New York Bar Member
Signatory's Phone Number: +1-305-764-9179


Response Signature
Signature: /Jonathan G. Morton/     Date: 01/09/2020
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York Bar member.

Signatory's Phone Number: 305-764-9179

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    YI TAO SUN
   HEZONG JOINT
   QITANGYINGSHAN BLDG. 5, ROOM 1801,
   XIANGMI LAKE BANSHAN DIST.
   FUTIAN SHENZHEN, 51800
Mailing Address:    Jonathan G. Morton
   Room 1809-1812, Yinglong Building,
   No. 6025 Shennan Ave, Futian District,
   Shenzhen,, 518040
        
Serial Number: 88445722
Internet Transmission Date: Thu Jan 09 04:19:16 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-202001090419163955
99-88445722-7006c343be63c672974f6dd7478d
86d59aed3dd911811bf5d777e3b17cb7edf787-N
/A-N/A-20200109032559081497